Education; curriculum; implementation of certain common core

standards and assessments in this state; prohibit.

Education: curriculum; State agencies (existing): education

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A bill to amend 1976 PA 451, entitled

"The revised school code,"
(MCL 380.1 to 380.1852) by adding sections 1278e and 1278f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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SEC. 1278E. (1) BY ENACTING THIS SECTION, THIS STATE

TERMINATES ALL PLANS, PROGRAMS, ACTIVITIES, EFFORTS, AND

EXPENDITURES RELATING TO THE IMPLEMENTATION OF THE EDUCATIONAL

INITIATIVE COMMONLY REFERRED TO AS THE COMMON CORE STANDARDS, OR

ANY DERIVATIVE OR PERMUTATION OF THAT EDUCATIONAL INITIATIVE

INCLUDING, BUT NOT LIMITED TO, THE MICHIGAN COLLEGE AND CAREER

READY STANDARDS THAT HAVE BEEN ADOPTED BY THE LEGISLATURE, THE

STATE BOARD, OR THE DEPARTMENT AND INCLUDING, BUT NOT LIMITED TO,

ANY ASSESSMENTS, DATA COLLECTION, AND INSTRUCTIONS BASED ON OR

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INVOLVING THAT EDUCATIONAL INITIATIVE. TO FURTHER PROTECT STATE AND

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LOCAL CONTROL OF PUBLIC EDUCATION, THE STATE BOARD AND THE

DEPARTMENT ARE PROHIBITED FROM ADOPTING, ALIGNING TO, OR

IMPLEMENTING ANY OTHER NATIONAL OR MULTISTATE CONSORTIUM STANDARDS

FROM ANY SOURCE OR REQUIRING THE USE OF ANY ASSESSMENTS ALIGNED

WITH ANY OTHER NATIONAL OR MULTISTATE CONSORTIUM STANDARDS FROM ANY

SOURCE, AND, SUBJECT TO SECTION 1278F, THE STATE BOARD AND THE

DEPARTMENT SHALL DO ALL OF THE FOLLOWING:

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(A) RESPECT AND SUPPORT THE ULTIMATE RIGHT OF A PARENT TO OPT

HIS OR HER CHILD OUT OF PUBLIC SCHOOL, AND OUT OF ANY PUBLIC SCHOOL

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ACTIVITY, PRACTICE, OR TESTING THAT THE PARENT FINDS UNACCEPTABLE,

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WITH NO NEGATIVE REPERCUSSIONS TO, OR FINANCIAL IMPACT ON, THE

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CHILD, PARENT, OR SCHOOL AND WITH NO INTERFERENCE FROM THIS STATE.

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THIS SUBDIVISION DOES NOT PROHIBIT THIS STATE FROM FUNDING PUBLIC

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EDUCATION ON A PER-PUPIL BASIS.

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(B) WITHIN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION,

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ADOPT AND IMPLEMENT STATE ACADEMIC CONTENT STANDARDS FOR EACH OF

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GRADES KINDERGARTEN TO 12 IN ENGLISH LANGUAGE ARTS, MATHEMATICS,

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SCIENCE, AND SOCIAL STUDIES. THE STATE ACADEMIC CONTENT STANDARDS

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SHALL BE THE SAME AS THE ACADEMIC STANDARDS IN EFFECT IN

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MASSACHUSETTS DURING THE 2008-2009 SCHOOL YEAR, EXCEPT THAT ANY

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REFERENCE IN THOSE STANDARDS TO "MASSACHUSETTS" SHALL BE CHANGED IN

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ALL APPROPRIATE INSTANCES TO A REFERENCE TO "MICHIGAN" AND ANY

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STATE HISTORY OR GOVERNMENT CONTENT STANDARDS SHALL BE CHANGED TO

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REFLECT THE HISTORY AND GOVERNMENT OF THIS STATE. WITHIN 10 DAYS

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AFTER THE STATE ACADEMIC CONTENT STANDARDS ARE ADOPTED, THE

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DEPARTMENT SHALL DISTRIBUTE THE STANDARDS TO ALL PUBLIC SCHOOLS IN

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THIS STATE AND MAKE THE STANDARDS AVAILABLE TO THE PUBLIC ON THE

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DEPARTMENT WEBSITE.
(C) AS PART OF THE PROCESS OF CONVERSION AWAY FROM THE COMMON

CORE STANDARDS, THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE STATE

BOARD, THE DEPARTMENT, AND ANY OTHER STATE PUBLIC EMPLOYEE OR

AUTHORITY SHALL TAKE ALL STEPS NECESSARY TO TERMINATE AREAS OF

FEDERAL CONTROL OF THE MICHIGAN EDUCATIONAL PROCESS. THE

SUPERINTENDENT OF PUBLIC INSTRUCTION, THE STATE BOARD, THE

DEPARTMENT, OR ANY OTHER STATE PUBLIC EMPLOYEE OR AUTHORITY SHALL

NOT ADOPT OR IMPLEMENT ANY NATIONAL OR MULTISTATE CONSORTIUM

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STANDARD FROM ANY SOURCE, OR THE USE OF ANY ASSESSMENTS ALIGNED

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WITH A NATIONAL OR MULTISTATE CONSORTIUM STANDARD, THAT CEDES

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CONTROL OF MICHIGAN EDUCATIONAL STANDARDS IN ANY MANNER, INCLUDING,

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BUT NOT LIMITED TO, MATHEMATICS STANDARDS, ENGLISH LANGUAGE ARTS

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STANDARDS, THE NEXT GENERATION SCIENCE STANDARDS, HISTORY

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STANDARDS, SOCIAL STUDIES STANDARDS, OR SEXUALITY STANDARDS. THIS

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STATE SHALL RETAIN SOLE CONTROL OVER THE DEVELOPMENT,

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ESTABLISHMENT, AND REVISION OF COURSE OF STUDY STANDARDS FOR GRADES

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K TO 12. THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE STATE BOARD,

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THE DEPARTMENT, OR ANY OTHER STATE PUBLIC EMPLOYEE OR AUTHORITY

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SHALL NOT JOIN ANY CONSORTIUM OR ANY OTHER ORGANIZATION IF

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PARTICIPATION IN THAT CONSORTIUM OR ORGANIZATION WOULD CEDE ANY

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MEASURE OF CONTROL OVER ANY ASPECT OF MICHIGAN PUBLIC EDUCATION TO

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THAT CONSORTIUM OR ORGANIZATION.

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(D) NOT EARLIER THAN 5 YEARS AFTER THE ADOPTION OF THE

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STANDARDS UNDER SUBDIVISION (B), ADOPT NEW STATEWIDE ACADEMIC

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CONTENT STANDARDS FOR EACH OF GRADES KINDERGARTEN TO 12 IN ENGLISH

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LANGUAGE ARTS, MATHEMATICS, SCIENCE, AND SOCIAL STUDIES THAT ARE

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DISTINCT FROM AND NOT DIRECTLY ALIGNED TO THE COMMON CORE STANDARDS

THAT WERE PREVIOUSLY ADOPTED BY THE STATE BOARD. THE NEW STATEWIDE

ACADEMIC CONTENT STANDARDS SHALL EMPHASIZE COHERENCE, FOCUS, AND

ESSENTIAL KNOWLEDGE AND SHALL HAVE EVIDENCE OF SUCCESSFUL

APPLICATION. THE DEPARTMENT SHALL NOT IMPLEMENT NEW STATEWIDE

ACADEMIC CONTENT STANDARDS UNDER THIS SUBDIVISION UNTIL THE

PROPOSED STANDARDS ARE APPROVED BY BOTH HOUSES OF THE LEGISLATURE

BY CONCURRENT RESOLUTION. THE STANDING COMMITTEE HAVING

JURISDICTION OVER EDUCATION LEGISLATION IN EACH HOUSE SHALL CONDUCT

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AT LEAST 1 PUBLIC HEARING ON THE PROPOSED STANDARDS AND SHALL POST

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NOTICE OF EACH PUBLIC HEARING AT LEAST 2 WEEKS BEFORE HOLDING THE

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PUBLIC HEARING.

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(2) WHEN THE STATE BOARD ADOPTS OR REVISES ACADEMIC CONTENT

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STANDARDS UNDER THIS SECTION, THE STATE BOARD SHALL DEVELOP THOSE

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STANDARDS INDEPENDENTLY AND NOT AS PART OF A MULTISTATE CONSORTIUM.

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(3) THE BOARD OF EACH SCHOOL DISTRICT AND BOARD OF DIRECTORS

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OF EACH PUBLIC SCHOOL ACADEMY, CONSIDERING THE ACADEMIC CONTENT

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STANDARDS ADOPTED UNDER THIS SECTION, SHALL DO ALL OF THE

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FOLLOWING:

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(A) ESTABLISH A FUNDAMENTAL ACADEMIC CURRICULUM FOR ITS PUPILS

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AT THE ELEMENTARY, MIDDLE, AND SECONDARY SCHOOL LEVELS. THE

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FUNDAMENTAL ACADEMIC CURRICULUM SHALL DEFINE ACADEMIC OBJECTIVES TO

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BE ACHIEVED BY ALL PUPILS AND SHALL BE BASED UPON THE SCHOOL

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DISTRICT'S EDUCATIONAL MISSION, LONG-RANGE PUPIL GOALS, AND PUPIL

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PERFORMANCE OBJECTIVES. THE FUNDAMENTAL ACADEMIC CURRICULUM MAY

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VARY FROM THE STATE ACADEMIC CONTENT STANDARDS ADOPTED UNDER THIS

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SECTION.

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(B) AFTER CONSULTING WITH TEACHERS AND SCHOOL BUILDING

ADMINISTRATORS, DETERMINE THE ALIGNED INSTRUCTIONAL PROGRAM FOR

DELIVERING THE SCHOOL DISTRICT'S OR PUBLIC SCHOOL ACADEMY'S

FUNDAMENTAL ACADEMIC CURRICULUM AND IDENTIFY THE COURSES AND

PROGRAMS IN WHICH THE FUNDAMENTAL ACADEMIC CURRICULUM WILL BE

TAUGHT.

(C) PROVIDE ADEQUATE TIME AND TRANSPARENCY FOR PUBLIC REVIEW

AND COMMENT ON THE ALIGNED INSTRUCTIONAL PROGRAMS BY ALL INTERESTED

MEMBERS OF THE COMMUNITY BEFORE FINAL ADOPTION.

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(4) THIS SECTION SHALL NOT BE CONSTRUED TO PROMOTE ANY

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RELIGIOUS OR NONRELIGIOUS DOCTRINE, PROMOTE DISCRIMINATION FOR OR

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AGAINST A PARTICULAR SET OF RELIGIOUS BELIEFS OR NONBELIEFS, OR

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PROMOTE DISCRIMINATION FOR OR AGAINST RELIGION OR NONRELIGION.

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(5) THIS SECTION DOES NOT REQUIRE ANY SCHOOL DISTRICT OR

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PUBLIC SCHOOL ACADEMY TO UTILIZE ALL OR ANY PART OF THE ACADEMIC

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CONTENT STANDARDS ADOPTED UNDER THIS SECTION. THE STATE BOARD AND

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THE DEPARTMENT SHALL NOT IMPOSE ANY FINANCIAL CONSEQUENCE ON A

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SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY THAT ADOPTS ACADEMIC

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CONTENT STANDARDS DIFFERING FROM THOSE ADOPTED BY THIS STATE UNDER

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THIS SECTION.

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SEC. 1278F. (1) THE DEPARTMENT SHALL ADOPT VALIDATED STATE

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ASSESSMENTS OF PUPIL ACHIEVEMENT BASED ON THE ASSESSMENT USED IN

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MASSACHUSETTS DURING THE 2008-2009 SCHOOL YEAR AND ALIGNED TO THE

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ACADEMIC STANDARDS IN EFFECT IN MASSACHUSETTS DURING THE 2008-2009

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SCHOOL YEAR. THESE ASSESSMENTS SHALL BE READY FOR USE BY THE FIRST

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SPRING AFTER NEW STATEWIDE ACADEMIC CONTENT STANDARDS ARE ADOPTED

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UNDER SECTION 1278E(1)(B). THE DEPARTMENT SHALL NOT REVISE THE

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ASSESSMENTS UNDER THIS SUBSECTION AGAIN FOR A PERIOD OF AT LEAST 5

YEARS. THE NEW ASSESSMENTS ADOPTED UNDER THIS SUBSECTION AND ALL

FUTURE ASSESSMENTS ADOPTED BY THE DEPARTMENT SHALL MEET ALL OF THE

FOLLOWING:

(A) SHALL NOT REQUIRE, BUT MAY USE, COMPUTER TECHNOLOGY.

(B) EACH YEAR, WITHIN 30 DAYS AFTER THE ASSESSMENT IS

ADMINISTERED, SHALL BE AVAILABLE ON THE DEPARTMENT WEBSITE FOR ALL

SCHOOL ADMINISTRATORS, TEACHERS, AND PARENTS TO REVIEW.

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(C) SHALL NOT COLLECT ANY OF THE FOLLOWING:

(i) DATA ABOUT THE VALUES, ATTITUDES, BELIEFS, AND PERSONALITY
TRAITS OF A PUPIL OR A PUPIL'S FAMILY.
(ii) MEDICAL, BEHAVIORAL, MENTAL, BIOMETRIC, OR PSYCHOMETRIC
DATA OF A PUPIL OR A PUPIL'S FAMILY.
(2) THE DEPARTMENT SHALL NOT IMPLEMENT AN ASSESSMENT DEVELOPED

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UNDER THIS SECTION UNTIL THE PROPOSED ASSESSMENT IS APPROVED BY

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BOTH HOUSES OF THE LEGISLATURE BY CONCURRENT RESOLUTION. THE

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STANDING COMMITTEE HAVING JURISDICTION OVER EDUCATION LEGISLATION

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IN EACH HOUSE SHALL CONDUCT AT LEAST 1 PUBLIC HEARING ON THE

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PROPOSED ASSESSMENT AND SHALL POST NOTICE OF EACH PUBLIC HEARING AT

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LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC HEARING.

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